A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authorities;

Nevertheless, the Defendant changed the form and quality of land by transporting 19,258 square meters of earth and sand collected from neighboring E and F forest (owner state, the Office of Administration, and the Korea Forest Service) from October 27, 2014 to November 7, 2014 without obtaining permission from the competent authority.

2. The Defendant, while engaging in flating operations at the date, time, and place described in paragraph (1), took earth and sand equivalent to KRW 45,353,290 in the above state-owned land, 19,258 in cubic meters, which were owned by the Defendant, into a DNA dry field owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The legal statement of witness G and part of H’s legal statement;

1. Application of Acts and subordinate statutes to report the occurrence of forest damage and the results of field surveys;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act concerning the facts constituting an offense, and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, even though the State-owned land on which an indemnity is imposed, collects soil and sand without permission from the State-owned land without permission, and its value is reasonable, and even from the date of detection to the present time, the Defendant has not been granted the right to restore to the original state. However, considering the fact that the Defendant submitted a project plan to restore to the original state by November 15, 2015 and consulted with the Gun administration, it is decided